By: Shapiro S.B. No. 4
(In the Senate - Filed March 11, 2011; March 14, 2011, read
first time and referred to Committee on Education; April 14, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 6, Nays 2; April 14, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 4 By: Shapiro
A BILL TO BE ENTITLED
AN ACT
relating to certification, performance, continuing education, and
appraisal of public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 21.041, Education Code,
is amended to read as follows:
(b) The board shall propose rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including probationary, provisional, standard, and
emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and
enforcement of an educator's code of ethics; and
(9) provide for continuing education requirements[;
and
[(10) provide for certification of persons performing
appraisals under Subchapter H].
SECTION 2. Section 21.048, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In proposing rules under Subsection (a), the board
shall prescribe a comprehensive examination administered to a
person applying for certification to teach early childhood through
grade four or English as a second language in early childhood
through grade four that includes components in reading, language
arts, science, social studies, and mathematics. The reading
component must include material covering the science of reading.
The proposed rules must provide for scoring the examination based
on a cumulative score in addition to an individual score for each
component area listed in this subsection. The proposed rules must
provide a minimum scoring standard that demonstrates satisfactory
performance and content mastery for the cumulative score and each
component area. The minimum scoring standard proposed by the board
for the cumulative score must be greater than the total of the
proposed minimum scoring standard for each component area.
SECTION 3. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0521, 21.0522, and 21.0523 to read as
follows:
Sec. 21.0521. PROBATIONARY CERTIFICATE. (a) The board may
issue a probationary certificate to a person enrolled in an
alternative certification program or a postbaccalaureate
certification program who has not completed all certification
program requirements.
(b) A probationary certificate issued under this section
expires on the first anniversary of the date on which the
certificate was issued and may be renewed only for two additional
one-year periods.
(c) A person who is issued a probationary certificate under
this section and is employed under a probationary contract for a
total of three years is eligible to receive a standard certificate
on completion of all requirements under Section 21.0523(a).
(d) A person who is issued a probationary certificate may
only be employed by a school district under a probationary contract
and is not eligible to be employed under a term contract.
Sec. 21.0522. PROVISIONAL CERTIFICATE. (a) The board
shall issue a provisional certificate to a person who has not
previously been certified as an educator in this state and who has:
(1) successfully completed an educator preparation
program;
(2) performed satisfactorily on the certification
examination required by Section 21.048; and
(3) completed all other requirements for educator
certification.
(b) A provisional certificate issued under this section:
(1) expires on the third anniversary of the date on
which the certificate was issued; and
(2) is not renewable.
(c) A person enrolled in an alternative certification
program or a postbaccalaureate certification program who has not
completed all certification program requirements is not eligible
for a provisional certificate. On completion of all requirements
of the program, including an internship of one year, the person is
eligible for a provisional certificate under this section.
(d) An educator who has been issued a probationary
certificate and is employed under a probationary contract may
receive a provisional certificate that expires on the third
anniversary of the date on which the person was originally employed
under the probationary contract.
(e) A person who is issued a provisional certificate under
this section may be employed by a school district under a term
contract as provided by Subchapter E.
Sec. 21.0523. STANDARD CERTIFICATE. (a) On the expiration
of a person's provisional certificate or at the end of a person's
third probationary contract term, the board shall issue a standard
certificate to the person if the person has:
(1) demonstrated that the person is an effective
educator; and
(2) completed all required continuing education
hours.
(b) Notwithstanding Section 21.355, to assist the board in
determining whether a person is an effective educator, the person
applying for a standard certificate must submit to the board a copy
of all educator appraisals of the person. The board shall take
appropriate measures to maintain the confidentiality of the
appraisals.
(c) The commissioner shall adopt rules to establish
criteria for determining whether a person is an effective educator
for purposes of this section.
SECTION 4. Section 21.054, Education Code, is amended by
adding Subsection (b) to read as follows:
(b) The board shall implement an evaluation and
accountability system for continuing education courses offered in
this state and monitor the quality of all continuing education
courses.
SECTION 5. Section 21.351, Education Code, is amended by
adding Subsections (a-1), (e), and (f) to read as follows:
(a-1) The recommended appraisal process must provide that
at least 35 percent of the appraisal is based on a measurement of
the teacher's effectiveness and the annual improvement of the
teacher's students' achievement. The commissioner by rule shall
define teacher effectiveness and the measures for determining
teacher effectiveness.
(e) A teacher must be observed for a period of at least 45
minutes at least twice during each school year. An observation of a
teacher may occur on multiple occasions for a total period of 45
minutes.
(f) Not later than September 1, 2013, the commissioner shall
adopt rules that redesign the recommended appraisal process. The
commissioner shall consult with educators, administrative leaders,
education experts, and parents of students in developing the
recommended appraisal process and may contract with public or
private entities as necessary to implement this subsection. The
rules adopted by the commissioner must include the measurement of
the teacher's effectiveness and the annual improvement in the
achievement of the teacher's students under Subsection (a-1). In
determining the measurement of the teacher's effectiveness and the
annual improvement in the achievement of the teacher's students,
the rules must provide that the process is fair, transparent,
timely, rigorous, and valid. This subsection expires September 1,
2013.
SECTION 6. Section 21.352, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (b-1) to
read as follows:
(a) In appraising teachers, each school district shall use:
(1) the appraisal process and performance criteria
developed by the commissioner; or
(2) an appraisal process and performance criteria:
(A) developed by the district- and campus-level
committees established under Section 11.251 in collaboration with
education experts and educators, administrative leaders, and
parents of students in the district;
(B) containing the items described by Sections
21.351(a)(1) and (2); [and]
(C) adopted by the board of trustees; and
(D) approved by the commissioner.
(b-1) The commissioner may adopt rules regarding approval
of local appraisal processes under Subsection (a).
(c) An evaluation [Except as otherwise provided by this
subsection, appraisal] must be done at least twice [once] during
each school year. A teacher must be observed for a period of at
least 45 minutes as provided by Section 21.351(e) [may be appraised
less frequently if the teacher agrees in writing and the teacher's
most recent evaluation rated the teacher as at least proficient, or
the equivalent, and did not identify any area of deficiency. A
teacher who is appraised less frequently than annually must be
appraised at least once during each period of five school years].
The district shall maintain a written copy of the evaluation of each
teacher's performance in the teacher's personnel file. Each
teacher is entitled to receive a written copy of the evaluation on
its completion. After receiving a written copy of the evaluation, a
teacher is entitled to a second appraisal by a different appraiser
or to submit a written rebuttal to the evaluation to be attached to
the evaluation in the teacher's personnel file. The evaluation and
any rebuttal may be given to another school district at which the
teacher has applied for employment at the request of that district.
SECTION 7. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.3521 to read as follows:
Sec. 21.3521. INDIVIDUALIZED PROFESSIONAL DEVELOPMENT
PLAN. (a) On the conclusion of a teacher's observation, the
teacher and the principal of the school at which the teacher is
employed shall prepare an individualized professional development
plan for the teacher. The plan must include continuing education
requirements for the teacher and must be linked to:
(1) any areas identified in the teacher's appraisal as
needing improvement;
(2) any areas identified by the teacher as appropriate
for achievement of specific professional goals; and
(3) the subject area taught by the teacher.
(b) The principal must provide sufficient opportunities for
the teacher to achieve the requirements and goals included in the
teacher's individualized professional development plan prepared
under Subsection (a).
SECTION 8. Section 21.355, Education Code, is amended to
read as follows:
Sec. 21.355. CONFIDENTIALITY. Except as provided by
Section 21.0523, a [A] document evaluating the performance of a
teacher or administrator is confidential.
SECTION 9. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.358 to read as follows:
Sec. 21.358. QUALIFICATIONS OF APPRAISERS. (a) The
commissioner shall review and assess the qualifications of
administrators and teachers who perform appraisals.
(b) The commissioner shall adopt rules regarding the
minimum qualifications necessary for a person who conducts teacher
appraisals. The rules must require that the appraiser be highly
qualified to assess instructional quality and demonstrate
instructional leadership.
SECTION 10. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.4581 to read as follows:
Sec. 21.4581. LEADERSHIP PROGRAM. The commissioner shall
create specialized mid-management certificates in teacher
leadership for qualified teachers who have demonstrated
effectiveness as a teacher under criteria determined by
commissioner rule.
SECTION 11. (a) Sections 21.0521, 21.0522, and 21.0523,
Education Code, as added by this Act, apply to a person who has
never been certified to teach in this state who applies for
certification on or after the effective date of this Act. A person
who has never been certified to teach in this state who applies for
certification before the effective date of this Act or a person who
is certified to teach in this state on the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
(b) Not later than January 1, 2012, the State Board for
Educator Certification shall propose rules as required by this Act.
SECTION 12. This Act takes effect September 1, 2011.
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